Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1278

Introduced
5/30/23  
Refer
5/30/23  
Refer
6/28/23  
Report Pass
9/22/23  
Refer
9/26/23  
Report Pass
9/27/23  
Engrossed
10/16/23  
Refer
10/19/23  
Refer
11/15/23  
Report Pass
12/11/23  
Refer
12/12/23  
Report Pass
12/12/23  
Enrolled
12/14/23  
Chaptered
12/14/23  

Caption

In wiretapping and electronic surveillance, further providing for definitions and for exceptions to prohibition of interception and disclosure of communications, providing for public access and for Department of Corrections retention policy and further providing for expiration of chapter.

Impact

The proposed changes significantly impact legal standards related to privacy and surveillance within the justice system. By allowing agents of the Department of Corrections to monitor communications without prior court approval, the Bill aims to enhance the oversight of parole and supervised individuals, ostensibly to maintain public safety. However, it also raises concerns regarding the balance between surveillance and individual privacy rights. This legislation affects the legal landscape by potentially diminishing the expectations of privacy for those under state supervision.

Summary

House Bill 1278 aims to amend Pennsylvania’s laws regarding wiretapping and electronic surveillance, specifically by refining definitions and setting exceptions to the general prohibition against interception of communications. The bill grants the Department of Corrections wider authority to intercept and disclose communications involving individuals under their supervision. Additionally, it requires the development of a public access policy for audio and video recordings created by department agents, which is not subject to the Right-to-Know Law, instead following separate access procedures outlined in applicable statutes.

Sentiment

The reception of HB 1278 has been mixed among lawmakers and the public. Proponents argue that the bill serves public safety interests by improving the monitoring of parolees and offenders, paving the way for quicker intervention in cases of parole violations. Conversely, detractors express significant concerns about civil liberties, asserting that expanded surveillance powers may infringe on privacy rights and the rights of non-consenting individuals. The debate emphasizes a tension between ensuring safety and maintaining personal privacy.

Contention

Although the bill is structured to enhance regulatory oversight by the Department of Corrections, the implications concerning the interception of communications remain contentious. Critics highlight the absence of safeguards to protect the privacy rights of individuals and stress that the bill could empower law enforcement to act without sufficient checks. The potential for misuse of this authority and the lack of transparency and accountability in the new procedures are central themes in the discussions surrounding HB 1278.

Companion Bills

No companion bills found.

Previously Filed As

PA SB260

In wiretapping and electronic surveillance, further providing for definitions.

PA HB1444

In wiretapping and electronic surveillance, further providing for definitions; and, in Pennsylvania Board of Probation and Parole, providing for exception to prohibition of interception and disclosure of communications.

PA SB639

In wiretapping and electronic surveillance, further providing for exceptions to prohibition of interception and disclosure of communications.

PA HB1744

In wiretapping and electronic surveillance, further providing for exceptions to prohibition of interception and disclosure of communications.

PA HB750

In wiretapping and electronic surveillance, further providing for exceptions to prohibition of interception and disclosure of communications.

PA SB520

In wiretapping and electronic surveillance, further providing for definitions and repealing provisions relating to public access; in enforcement relating to fish, further providing for powers and duties of waterways conservation officers and deputies; in enforcement relating to game, further providing for powers and duties of enforcement officers; in recordings by law enforcement officers, further providing for definitions and for audio recording or video recording policies; in Pennsylvania Board of Probation and Parole, further providing for powers and duties of Department of Corrections; and making transfers between the State Gaming Fund and certain restricted accounts.

PA SB598

In wiretapping and electronic surveillance, further providing for expiration of chapter.

PA SB657

In preliminary provisions, further providing for definitions; in requirements and prohibitions, providing for Pennsylvania Interscholastic Athletic Association; in access, further providing for open-records officer, for appeals officer, for regulations and policies, for requests and for retention of records; in procedure, further providing for requests, for written requests, for electronic access, for creation of record, for production of certain records and for exceptions for public records; in agency response, further providing for general rule and for extension of time; in appeal of agency determination, further providing for filing of appeal and for appeals officers; in judicial review, further providing for civil penalty and for Office of Open Records; and, in miscellaneous provisions, further providing for relation to other laws.

PA SB95

Further providing for definitions, for licensing of pharmacists and for unlawful acts; and providing for price disclosure.

PA SB869

In preliminary provisions, further providing for definitions; in access, further providing for open-records officer and for retention of records; and, in judicial review, further providing for civil penalty.

Similar Bills

AL SB26

Drug trafficking, wiretapping by ALEA, interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for intercept and to apply for intercept orders, disclosure of recorded communications, penalties for violations, Secs. 20-2A-1 to 20-2A-15, inclusive, added

AL HB17

Drug trafficking, wiretapping by ALEA, interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for intercept and to apply for intercept orders, disclosure of recorded communications, penalties for violations, Secs. 20-2A-1 to 20-2A-15, inclusive, added

AZ HB2298

Technical correction; emergency interception

AZ SB1366

Health professionals; pregnant women; information

AZ HB2492

Technical correction; emergency interception

AZ HB2710

Emergency interception; technical correction

AZ HB2307

Technical correction; emergency interception

MS HB899

Interception of communications; authorize sheriffs to use devices for with approval of DA and circuit court judge.